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HomeMy WebLinkAbout07/20/2009 City Council July 20, 2009 O 0 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON JULY 20, 2009 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:31 p.m. on the 20th day of July 2009, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Mayor Present Allen Harris Councilmember Present Richard Boyer Councilmember Absent Jeff Connelly Councilmember Present Kirk Mikulec Mayor Pro-Tern Present Perry Schrag Councilmember Present Joel Marks Councilmember Present And with six council members present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Trinity Presbyterian Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Report on Liberty by The Lake and related items (P&R)- David Swain presented a DVD of photos taken during the day's events, including the 5K Run, parade, water racing, festival and fireworks. A preliminary financial statement was provided, as well as the estimated number of participants and/or attendees for the events. Community Development Corporation Master Plan information (P&R - Community Development Director Pam Nelson announced the completion of the CDC Master Plan. She added that the document, which has been approved by the CDC Board, is available on the city's website and on www.thecolonv4b.com. Pam noted that the chapters of particular importance to read are #1, #7, and #8. The plan will be presented to the city council at the August 3rd council meeting. Citizen Input- Tyler Winn spoke to the council regarding the possible use of the city bus as a public transportation vehicle. Announcement of upcoming civic events and activities 1- Presentation from the Library Director regarding current and upcoming programs, events, and, service improvements. 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 July 20, 2009 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meetings held July 2 and July 6, 2009 (Wilson) 2.2 Consider approval of council expenditures for the month of June (Council) 2.3 Consider approval of an ordinance amending the Code of Ordinances, Chapter 2, Article III relating to records management by repealing it in its entirety and replacing it with a new Chapter 2, Article III (Wilson) 2.4 Second reading and consider approval of an ordinance amending the Code of Ordinances, Chapter 2, by adding Section 2-4 to provide for the annual election of a mayor pro tem. and deputy mayor pro tem (McCourry) 2.5 Second reading and consider approval of an ordinance amending the Code of Ordinances, Chapter 2, by adding Section 2-7 to direct that requests for city attorney services be considered every third year (Council) 2.6 Consider approval of a resolution authorizing the city manager to execute the Partial Release of Reciprocal Easements Agreement for acquisition of right-of-way for the widening of F.M. 423 (Scruggs) 2.7 Consider approval of a resolution authorizing the city manager to execute an interlocal agreement with Denton County for property tax collection for fiscal year 2009-2010 (Mansfield) 2.8 Consider approval of inter-fund transfers (Mansfield) Motion to approve consent agenda- Marks, second by Connelly, motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Discuss and consider any action as a result of the Joint Special Session with the Economic Development Corporation Board of Directors (Council) Councilmember Connelly stated he would like more time to consider the options, but added that if the 4A board is going to provide complete oversight of the EDC Director position that the city should offer them training. If the position is to remain under the direction of the city manager then the hiring process should wait until after the new city manager is hired. Motion to table to the next meeting- Connelly; second by Harris Councilmember Schrag questioned whether item number two on the special session agenda was being addressed. City Manager Dale Cheatham advised that the Request for Proposals can more forward and more input on item two can come later. Motion passed with all ayes except for McCourry who voted no. 3.9 Discuss and consider authorizing a Convention and Visitor's Bureau Coordinator staff position to be funded with Hotel Occupancy Tax funds, 2 003828 July 20, 2009 including funding for related expenses, and authorize a budget amendment (Baxter) Communications Director Diane Baxter showed council some examples of brochure materials being prepared to promote The Colony [utilizing the HOT funds previously awarded.] She reviewed the position being requested. Councilmember Harris asked if a contract position had been considered and Diane advised that had not been considered. Councilmember Connelly asked if this would be a shared position to possibly combine with some other duties. Dale advised that at this time it is a part-time position. Discussion of how visitors will find the CVB information followed. Diane added that for right now they plan to provide printed material and a website. Dale said they are waiting for a decision from the hotel [potential space for a location]. Motion to approve- Connelly; second by Schrag; motion passed with all ayes. 3.2 Discuss and consider approval of an amendment to the site plan for Lot 31R, Block 1, Garza Little-Elm Estates, commonly known as 7319 Elm Street (SP09-0006, Morrison) City Planner Wes Morrison advised the council that the previously approved site plan for this business did not include a fence which was built by the contractor. The property owner is asking to amend the landscape plan to reduce the number of trees and shrubs on the site in light of the fence. The city issued a temporary certificate of occupancy pending this request. Wes stated that due to the close proximity of the building to the fence there is not room for the plantings. The Planning and Zoning Commission reviewed and has approved the amendments. The property owner stated the fence actually works better for his property than the additional plantings would. Several council members stressed the importance of following approve site plans. Motion to approve- Mikulec; second by Connelly; motion passed with all ayes. 3.5 Conduct a public hearing, discuss and consider approval of an ordinance amending the Comprehensive Plan to modify the provisions related to The Colony Transportation System (SI09-0007, Morrison) Wes stated that the North Central Texas Council of Governments has identified areas within and adjacent to the city for regional transportation centers. In order to encourage the development of these areas staff is proposing an amendment to the Comprehensive Plan that would describe the benefit of these areas with our city. The public hearing was opened at 8:25 p.m. A resident of Carroll Drive asked for clarification of the map identifiers that Wes presented, in particular the general locations for rail stations or park and ride. Public hearing closed at 8:27 p.m. Mayor McCourry stated this will help future development. Motion to approve- Harris; second by Mikulec; motion passed with all ayes. 3 UU5G; July 20, 2009 3.6 Conduct a public hearing, discuss, and consider approval of an ordinance rezoning property from Single Family to Planned Development located east of East Lake Highlands Drive and Forest Drive intersection, commonly known as 1 Harris Plaza (Z08-0008, Morrison) Wes explained that this site is currently the location of the city's Public Works departments. The zoning change is to bring the property into compliance with applicable land use regulations. Public hearing was opened and closed at 8:33 p.m. with no one wishing to speak. Motion to approve- Schrag; second by Connelly; motion passed with all ayes. 3.7 Discuss and consider approval of an ordinance amending the Code of Ordinances Chapter 4 and Chapter 13, relating to sexually oriented businesses (SI09-0012, Morrison) Wes introduced city attorney Joe Gorfida who advised the council that upon an audit of the city ordinance it was determined that the current ordinance is not in compliance with state law. It is being recommended that the regulations be moved to a more appropriate chapter of the -code of ordinances. Joe went on to say there are several clean up items including some definitions, and that in order for cities to regulate locations, the Local Government Code states that must be based on secondary effects. He presented the findings of some studies (also provided a CD of those studies). An area of the city must be available for these types of businesses. Motion to approve- Connelly, second by Marks, motion passed with all ayes. 3.8 Conduct a public hearing, discuss and consider approval of an ordinance amending the Code of Ordinances Section 10, Appendix A, Zoning, relating to changes in the land use chart for sexually oriented businesses and the definition of a sexually oriented business (SI09-0008, Morrison) Wes stated this item is to update the zoning ordinance to define where sexually oriented businesses can be located. The Planning and Zoning Commission identified the area zoned as industrial (2.9 acres) as an appropriate area. The public hearing was opened and closed at 8:45 p.m. with no one wishing to speak. It was noted that a specific use permit will not be required. Motion to approve- Schrag; second by Marks; motion passed with all ayes. 3.3 Discuss and provide direction concerning compliance and possible revisions to the Gateway Overlay District and the Comprehensive Plan (Connelly) Councilmember Connelly stated that the council has voted at times to allow deviations from the established zoning regulations of the Gateway Overlay District. Councilmember Marks noted that the Hwy. 121 area is designated as entertainment which may limit some development. After a brief discussion it was determined that council members Marks and Connelly will meet with City 4 July 20, 2009 U - Planner Wes Morrison to assess whether the regulations need to be revised to meet today's needs. 3.4 Discuss and consider revisions to the policy and procedure for advisory boards and commissions, and provide direction regarding content (Council) After a brief discussion it was determined that some additional time is needed for council to submit their comments to the city secretary who will compile them and present in the next agenda packet for consideration. Motion to table to the next meeting- Connelly; second by Schrag; motion passed with all ayes Executive Session was convened at 9:31 .m. 4.0 EXECUTIVE SESSION 4.1 A. Council shall convene into a closed executive session pursuant to Section 551.071 of the TEXAS GOVERNMENT CODE to seek legal advice from the city attorney regarding pending litigation between the City of Frisco, North Texas Municipal Water District and the City of The Colony. B. Council shall convene into a closed executive session pursuant to Section 551.071 of the TEXAS GOVERNMENT CODE to seek legal advice from the city attorney regarding pending litigation between John McDonald and Cheryl McDonald and the City of The Colony. C. City Council shall convene into closed executive session pursuant to Section 551.071(1) of the Texas Government Code to consult with the City Attorney and to discuss and consider authorizing the City Attorney to file or consider litigation with the City of Frisco regarding the extraterritorial jurisdiction of the City of The Colony. Reconvened Oven Session at 10:00 p.m. 4.2 A. Any action as a result of executive session regarding pending litigation between the City of Frisco, North Texas Municipal Water District and the City of The Colony. Not discussed. B. Any action as a result of executive session regarding pending litigation between John McDonald and Cheryl McDonald and the City of The Colony. Not discussed. C. Any action as a result of executive session regarding litigation with the City of Frisco regarding the extraterritorial jurisdiction of the City of The Colony. No action. 5 00SS31 July 20, 2009 And with no further business to discuss the meeting was adjourned at 10:00 p.m. APPROVED: J e McCo , Mayor ity of Colony ATTEST: Christie Wilson, TRMC, CMC City Secretary r` 6